HomeMy WebLinkAboutMN-CC-2010-01-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. January 6, 2010
PRESENT:
Mayor Peterson
Alderpersons (8) Coles, Clairborne, McCollister, Zumoff, Rooker, Myrick, Cogan,
Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning & Development Director – Cornish
Community Development Director – Bohn
Deputy Economic Development Director – DeSarno
Deputy Police Chief – Barber
Civil Engineer - West
Deputy Community Development Director – Kittel
Engineering Technician – Johnson
EXCUSED:
Alderpersons Dotson and Rosario
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested the addition of Item 12.4 -Finance/Controller’s Office-
Acceptance of Proposal for Procurement Cards – Resolution.
No Council member objected.
Special Order of Business:
Mayor Peterson requested the deletion of Items 4.1 -Election of Acting Mayor, and 4.2 -
Election of Alternate Acting Mayor, since two Common Council members were absent
from the meeting. She requested that these two items be deferred to the February 3,
2010 Common Council Meeting.
No Council member objected.
Mayor Peterson further requested the addition of the State of the City Address, the
Annual Diversity Statement, and the announcement of new Standing Committee/Ad-hoc
Committees and Liaison appointments to the agenda.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
4.3 Appointment of Marriage Officers – Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
RESOLVED, That the following Alderpersons be designated as Marriage Officers for
the year 2010:
Alderperson Dotson Alderperson Myrick
Alderperson Clairborne Alderperson Rooker
Alderperson Rosario
Alderperson Mohlenhoff
Carried Unanimously (8-0)
January 6, 2010
2
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Board of Fire Commissioner Tom Hoard reported on the following items:
January 27, 2010, is the deadline to submit applications for Fire Fighter Civil Service
Exam. The examination will be given on March 6, 2010. The Fire Department has
conducted outreach and recruitment efforts throughout the community.
The Town/City fire contract has been signed.
The fire, police staff are meeting and training. They are currently in need of radios.
The Board of Fire Commissioners is reviewing the rules that govern the Fire Fighter
Veterans Relief Fund.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Jean Senegas, City of Ithaca, addressed Council regarding the proposals for the
redesign of The Commons, and offered her thoughts on the existing infrastructure.
Robin Palmer, Town of Ithaca, addressed Council to request that they rescind the
October 8, 2008 Common Council Resolution regarding the war in Iraq.
Ted Schiele, Town of Groton/Tompkins County Health Department, addressed Council
to request that the adoption of the proposed Outdoor Smoking Regulations be a priority
for Common Council in 2010.
John Graves, City of Ithaca/President of the South Hill Civic Association, addressed
Council regarding ongoing environmental issues on South Hill and within the
community.
Gary Ferguson, Downtown Ithaca Alliance Director, addressed Council regarding the
redesign of The Commons. He urged Council to support the proposed resolution on the
agenda.
Claudia Brenner, Town of Ithaca/Local Architect/member of the Commons Client
Committee, addressed Council in support of the proposed resolution regarding the
redesign of The Commons.
Joel Harlan, Town of Newfield, addressed Council regarding the redesign of The
Commons, and Collegetown development.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Clairborne wished everyone a happy new year. He announced that the
Annual Martin Luther King Breakfast would be held at the Beverly J. Martin Elementary
School (BJM) on Saturday, January 16, 2010, from 9:00 - 11:00 a.m. He further noted
that there would be a public discussion and workshops at the Women’s Community
Building on Monday, January 18, 2010, with a luncheon to follow at BJM.
Alderperson Myrick responded to comments made regarding the City of Ithaca’s
Outdoor Smoking Regulations, noting that he hopes the legislation will return to
Common Council soon as well.
Mayor Peterson responded to comments made regarding the environmental
contamination sites in the city, and noted that the Department of Environmental
Conservation is key to establishing a local advisory group to work on these issues. She
further stated that the City is looking into writing a grant for NYSERDA funds to create a
sustainability position in the City.
January 6, 2010
3
2010 State of City Address:
Mayor Peterson gave her annual State of the City Address as follows:
“Our city administrative legislation states that the Mayor shall address the Common
Council at the first regular meeting of the year with “respect to the needs and resources
of the city, including such programs and proposals for the good of the city as he/she
may wish to recommend.”
Since we all are coming fresh off the 2010 budget sessions, with regular updates from
the city controller, and the grim economic forecasts from the state, I hardly need to
touch on the fiscal difficulties facing Ithaca, as well as all municipalities in New York
State. We know that the state has withheld 10% of our state aid, and that pension costs
have skyrocketed, and that many positions in the city of Ithaca are going unfilled. We
also know that our sales tax revenue is showing new signs of life, that there is continued
strong interest in businesses locating in Ithaca, and that various projects are moving
forward. However I will emphasize once again that 2010 will be a very difficult budgetary
year where every expense needs to be watched carefully, and any potential savings
should be brought to the attention of the controller’s department, as is being done
through the new employee suggestion system.
In the last few weeks, department heads have completed their 2009 look backs and
2010 proposed goals. There were a number of issues that rolled over from 2008 into
2009, and additional 2009 projects. I am pleased to say that nearly all projects have
been completed or are being worked on. As you know, some of the key issues
completed are the water plant decision, fire and sewer land contracts with the town of
Ithaca, the move of GIAC to temporary quarters as critical building renovation
continues, formation of a Youth Council, data entry in the building department for
individual properties, the housing memorandum with the county and Cornell, the
demolition of Ithaca Gun, additional stores and walkways for downtown, and completion
of the CSEA compensation study. Key issues that are ongoing include the Southwest
neighborhood, dredging, key infrastructure repairs, and website revisions.
I would like to share one sample goal from each department head:
¾ Implement video streaming of our meetings-IT
¾ Begin Part One of the comprehensive plan-planning
¾ Find additional ways to consolidate or share services-attorney
¾ Review and improve parking management-chamberlain
¾ Create a storm water utility-public works
¾ Move back into GIAC
¾ Improve systems for claims against the city and notice of defect-clerk
¾ New recruitment methods for the fire department
¾ Devise a plan to deal with abandoned, unsafe properties
¾ Develop a diversity report card-HR
¾ Survey the community to best serve recreation needs
¾ Continue work on improvement to police records access for the public
¾ Complete internal processes for the controller’s department
Each department has laid out goals, collectively approximating 60 milestones to
achieve, in addition to other important work that occurs in the department. My
administrative priorities are reflected in the 2010 Council structure and committee
assignments.
The committee structure will see significant changes. There will be two standing
committees of Council: the City Administration Committee and Planning and Economic
Development. The City Administration committee has always had a broad title—typically
encompassing human resources and finance. Noting the word “administration” in the
title, code and charter issues from the ad hoc committee will be reviewed there. The
Planning and Economic Development Committee will also include neighborhood and
environmental issues as those are already covered in that department. As other issues
arise, I along with Committee Chairs will decide which committee will handle the issue.
Additionally, I am asking that each of you keep available the hours of 5:30 - 7 p.m. prior
to the CA meetings each month. As in 2009, that will be a committee of the whole or
special voting meeting for Common Council as needed.
January 6, 2010
4
This year, I will be relying on several ad hoc committees made up of council members,
board members, staff, and community members or content experts to work on key
project areas. Results of the work will be recommendations that will be forwarded to the
appropriate Council committee or full Council.
The ad hoc committees are:
Capital Planning: interestingly, a small committee was already working on a review of
the city charter and current capital planning processes. That will continue along with a
response to the State Comptroller’s audit of Ithaca’s need to develop a long term capital
plan that would be adopted by council.
Departmental objectives and performance measures: I have long felt a need for this
type of work for the city. It needs its own special attention, starting with a review of
systems already in place in other localities.
Charter and Code review: A systematic review of the charter was commenced 18
months ago and needs to be resumed. This committee will not only review the charter,
but will also examine areas of the charter that they may recommend for amendment.
Code sections are also outdated and will be addressed through department head
participation.
Parking management: This committee is critical to the success of our economy, to a
unified approach to all parking whether metered, open lot, or garages, for optimal
management of city parking, and for well marked access to and information about the
parking areas.
Water plant client committee: This significant capital project will benefit early on from
regular meetings with affected stakeholders in this project.
As soon as practicable, membership of the committees will be resolved and meeting
dates set.
This directed approach to key issues in the city should achieve better results since the
issues are not part of a much broader standing committee agenda. There already are a
number of other ad hoc committees at work in the city, such as the Public Information
Officer Team and the Workplace Violence Prevention team, where key issues are
worked on. This approach, along with the standing committees, and the work in each
department, should achieve a successful 2010.”
Annual Statement on Diversity:
Mayor Peterson presented the following Statement on Diversity:
“Diversity is an issue that we need to address as a workforce and as a community. The
demographic landscape of our nation and of our Ithaca citizens is changing. In June of
1987, the Hudson Institute, a research organization, published a report—Workforce
2000: Work and Workers in the 21st Century. This report stated that, by the year 2000,
there would be demographic changes that would impact the American workforce:
1. The population and the labor force would grow more slowly than at any time since the
1930s because of declining birth rates in the post-baby boom generation.
2. Labor markets would shrink because of the slower workforce growth and the smaller
pool of potential employees.
3. The average age of the population and the workforce would rise because of the aging
of the baby boom generation and the smaller number of young workers entering the
labor market.
4. The representation of women in the workforce would continue to grow.
5. Blacks, Hispanics, and other minorities would make up a large share of the labor
force increase.
January 6, 2010
5
6. Immigrants would be the largest share of the increase in the population and the labor
force since the First World War.
We are already seeing the reality of these trends. In 1990, three years after the Hudson
Institute report was published, the US population consisted of approximately 75%
individuals identifying as white and approximately 25% of individuals from racial minority
groups. Ten years later, in 2000, the white population was 69.50% white and 30.5% of
individuals from racial minority groups. It is estimated that in 2008, the number of white
individuals had decreased again to 66%, and that by 2050, the US population will
continue to become more racially diversity with a representation of approximately 49%
white and approximately 51% of individuals from racial “minority” groups.
Locally, our county is mirroring the change in racial representation. In 1990, the white
population was 89%, by 2000, it decreased to approximately 84%, and it is estimated
that in 2008, it was 80%. This is reflected in the Tompkins County State of the
Workforce 2003 Report that indicated that the total growth in the county’s population
between 1990 and 2000 was made of up individuals who identified as racial minority
groups, while the white population decreased by .6%. As retirements increase over the
next ten years, we will need to be prepared to employ and engage the new and more
diverse workforce. To do that, as a workforce, we will need to develop a high level of
cultural competence.
On July 7, 2004, the City of Ithaca passed by resolution its Workforce Diversity Plan
Attributes. Fourteen attributes were named, including, among others, establishing a
foundation for diversity and inclusiveness, demonstrating a commitment to diversity and
inclusiveness, recognizing how the organizational structure of the city affects diversity,
developing programs to promote diversity and inclusion, and committing to community
partnerships. City leadership, the mayor and common council and senior management,
are charged to follow this plan and to be the examples by which the entire city workforce
demonstrates its commitment to diversity. Under attribute ten, the mayor is charged with
reaffirming the city’s commitment to diversity on an annual basis. I will make this
commitment part of the annual state of the city address.
For many months the Workforce Diversity Advisory Committee (WDAC) of the city and
the Human Resources Department, with review and input from the mayor, have worked
hard on producing a new document that reflects good outreach and hiring processes in
the city. This document, under my signature, has been distributed to senior
management and establishes excellent guidelines for interviewing candidates, including
questions on diversity and inclusion, and requiring a member of the WDAC to
participate in the interviews. Several city departments have exemplified methods that
encourage diversity in the recruitment, interview and selection process. The Police
Department has had a recruitment team in place for a few years and has seen success
in recruitment for testing. The Ithaca Fire Department, in 2010, will be using some of
these techniques, as well as ones that are particular to the fire service, to create a work
force that better reflects our community. Deputy Chief Parsons has already been
working hard on this goal.
In this difficult budgetary time, it is important to retain funding for training and skill
development in the workforce. Training such as interview skills, diversity training for
senior staff, and Talking Circles for Ithaca Police Department supervisors occurred in
2009. At the very end of the year, representatives, on behalf of the mayor, attended a
meeting sponsored by the Ithaca City School District on a community wide Undoing
Racism workshop proposal. This partnership will continue into 2010 as the city
participates with other key community organizations to form constructive, and
instructive, relationships with others in our community. Another key partnership in the
community which began in 2009 and will continue through 2010 is the Safe
Communities group. A diverse community membership includes, council members,
police department members, GIAC staff, the Human Resources department director and
the mayor. Monthly meetings and a consistent leadership approach will help provide
stability and resources to the young people in our community both on a regular basis
and when, if the need arises, a crisis occurs.
In 2009 the diversity and inclusion award went to retiree Rick Ferrel because of his
“commitment to insuring that the Department of Public Works (DPW) division of Streets
January 6, 2010
6
and Facilities lived up to the values and expectations in the City of Ithaca Diversity
Statement” highlighting a dramatic increase in the number of people of color in the
division and the effect that has on community perception in finding jobs with the DPW.
Having a system of recognition for outstanding work toward diversity and inclusion is
one of the attributes of the Workforce Diversity Plan.
Recently the senior staff of the city brainstormed answers to the following questions:
What are the city’s diversity goals? In what ways does the City of Ithaca exhibit a
positive and welcoming environment towards diversity and inclusion? What has worked
well with departmental reports on their progress on the Workforce Diversity Plan
Attributes? The responses to these questions will form a basis for continued discussion
and improvement throughout 2010.
The City of Ithaca Workforce Diversity Plan Attributes were adopted in July, 2004. I
have asked the Workforce Diversity Advisory Committee to take a look back at the plan
for review, possible rewriting, and assessment of success and progress in each of the
current 14 areas. Additionally, a significant area of work for 2010 will be incorporation of
our diversity plan into the new employee orientation program, and, to create a program
for current employees that will refresh and emphasize the city’s commitment to diversity
and how that is or can be achieved. For 2010, each department head will identify in the
next 2 weeks, next steps that they will take to meet their overall diversity goals.
The Workforce Diversity Plan requires that the mayor reaffirms the City’s commitment to
diversity on an annual basis. I am including this affirmation during my state of the city
address. A commitment to diversity—through community partnerships, accountability,
annual performance goals for each department, or provision of training—is necessary to
develop a welcoming and respectful culture in our workplace, that competently and
effectively supports the very diverse community in which we live, work, and play.
“Sometimes the leadership of an organization may feel it has created a culturally
competent agency because the staff includes people representing the various cultures
being served. Similarly, an individual may feel that he or she is culturally competent as a
result of attending trainings on the customs and traditions of a particular cultural group.
Both of these are important. But cultural competency includes more. Culturally
competent organizations go beyond hiring and professional development to build
mechanisms into the daily life of the organization that foster continual learning, and that
help in adapting services on an ongoing basis to be more respectful, effective and
appropriate to diverse populations, but the leadership of a culturally competent agency
(board, executive, and administration) makes it a priority to create the culture, policies,
practices and attitudes that can work toward effectively and respectfully serving diverse
populations. This requires:
.. being intentional in recruitment and hiring to assemble a diverse staff and board;
.. investing in professional development about issues of culture, cultural competence,
diversity and equity;
.. creating the structures, time and norms for productive dialogue;
.. ensuring attention to cultural issues in outreach, programming and service delivery;
and
.. setting expectations that practices will be adapted to address the needs of the
agency’s diverse constituents and clients. “
A brief prepared by California Tomorrow (Laurie Olsen, Jhumpa Bhattacharya, and
Amy Scharf)
CONSENT AGENDA ITEMS:
Alderperson Mohlenhoff requested that Item 8.4 -Finance/Controller - Designation of
Common Council Meetings – Resolution, be removed from the Consent Agenda.
Alderperson Clairborne requested that Item 8.5 -Finance/Controller - Designation of
Official Depositories – Resolution, be removed from the consent agenda.
No Council member objected.
January 6, 2010
7
City Administration Committee:
8.1 Finance/Controller - Designation of Official Newspaper - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be
and is hereby designated as the official newspaper of the City of Ithaca for the year 2010.
Carried Unanimously (8-0)
8.2 Finance/Controller - Collateral to Secure Deposits - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That the collateral deposited by the Tompkins County Trust Company, JP
Morgan Chase and M & T Bank as reported, be approved as to form and sufficiency.
Carried Unanimously (8-0)
8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond,
which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for
the year 2010.
Faithful Performance Blanket $250,000 National Grange
Bond Coverage Mutual Insurance Co.
Carried Unanimously (8-0)
8.6 Common Council - Approval of 2010 Travel Policy - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, there is to be held during the coming official year a) the New York State
Conference of Mayors Annual Meeting and Training School; b) the New York State
Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks,
and other national and regional conferences as applicable, and
WHEREAS, it is determined by the Mayor and Common Council that attendance by
certain municipal officials and City employees at one or more of these meetings,
conferences or schools benefits the municipality; now, therefore, be it
RESOLVED, That Common Council, the Mayor and City employees are hereby
authorized to attend said conferences or other applicable training events during 2010,
and be it further
RESOLVED, That the cost for all events must be derived from existing 2010
Departmental Budgets with appropriate approvals obtained as applicable, and be it
further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously (8-0)
8.7 Youth Bureau - Request to Amend 2010 Budget - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, The Ithaca Youth Bureau and GIAC will be co-organizing an adult
basketball league this winter, and
WHEREAS, the Ithaca Youth Bureau will collect additional fees and purchase supplies
for the program, now, therefore, be it
RESOLVED, That Common Council hereby amends the 2010 Youth Bureau Budget to
account for said increase as follows:
Increase Revenue Account:
A 7310-2001-1530 Basketball $3,150
A 7310-2070 -1530 Basketball 500
$3,650
January 6, 2010
8
Increase Expense Account:
A 7310-5120-1530 Part-time $ 450
A7310-5435-1530 Contracts 2,372
A 7310-5460-1530 Program Supplies 765
A7310-9030 Social Security/Medicare 34
A7310-9040 Workers’ Compensation 29
$3,650
Carried Unanimously (8-0)
8.8 Department of Public Works - Approval of Uncontested 2006 and Uncontested
2007 Elmira Road Sidewalk Assessments - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, notices of defect and public hearings were provided to property owners
related to the installation and repair of their sidewalks, which was done by City of Ithaca
in 2006 and 2007; and
WHEREAS, owners received notices of assessment and information regarding protest
options, no protests were made when the protest period ended at the Public Hearing
held on December 9, 2009 ; and
WHEREAS, the Board of Public Works has determined the following assessments
including the 25% administrative fee required by City Code:
Address Property Owner Tax Parcel # Charges
2006 Sidewalk:
105 Lewis St Stephanie Hsu 27.-5-2 $250.00
2007 Elmira Rd.
Sidewalk:
347 Elmira Rd. Katzkidd Investments 125.-2-1 $10,558.30
341-343 Elmira Rd. Americo Real Estate Co. 125.-2-2 $27,406.26
now therefore be it
RESOLVED, That the Common Council hereby accepts the decision of the Board of
Public Works and approves the finalization of sidewalk repair assessments for the
properties in question and authorizes the City Chamberlain to collect such
assessments.
Carried Unanimously (8-0)
8.9 Department of Public Works - Approval of Contested 2006 Elmira Road
Sidewalk Assessments - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, property owners were directed to install sidewalk, a pre-work Public
Hearing was held, and City of Ithaca installed sidewalks and driveway aprons, reset
curb and performed associated traffic maintenance and protection and site restoration
work; and
WHEREAS, owners received notices of assessment and information regarding protest
options and a post-work Public Hearing; protests were received and appeal materials
were reviewed by a subcommittee of the Board of Public Works and presented to Board
of Public Works for resolution; and
WHEREAS, the Board of Public Works has determined the following assessment
including the 25% administrative fee required by City Code:
AddressTax Parcel #Owner Assessment
334 Elmira Rd121.-1-4Reuben & Milton Weiner16,444.30$
334 Elmira Rd121.-1-5Reuben & Milton Weiner11,723.88$
328 Elmira Rd121.-1-1Reuben & Milton Weiner27,769.13$
now therefore be it
January 6, 2010
9
RESOLVED, That the Common Council hereby accepts the decision of the Board of
Public Works and approves the finalization of sidewalk repair assessments for the
properties in question and authorizes the City Chamberlain to collect such
assessments.
Carried Unanimously (8-0)
8.4 Finance/Controller - Designation of Common Council Meetings - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
RESOLVED, That the regular meetings of the Common Council, for the year 2010, be
held at 7:00 P.M., on the first Wednesday of each month, in the Common Council
Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise
determined by Common Council.
Alderperson Mohlenhoff stated that she is interested in discussing how meeting schedules
can be revised in order to achieve shorter meetings.
Amending Resolution:
By Alderperson Cogan: Seconded by Alderperson Mohlenhoff
RESOLVED, That an additional Resolved clause be added that would read as follows:
“RESOLVED, That the City Administration Committee undertake an examination of
Common Council meeting times and recommend proposed changes to optimize meeting
time.”
Carried Unanimously (8-0)
Main Motion As Amended:
A Vote on the Main Motion As Amended Resulted as Follows:
Carried Unanimously (8-0)
8.5 Finance/Controller - Designation of Official Depositories - Resolution
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County
Trust Company, the Fleet Bank and the M & T Bank be, and they are, hereby designated
as the official depositories of all City Funds for the year 2010 and are currently deposited
as follows:
TOMPKINS COUNTY TRUST COMPANY
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca Operating Fund 01-201-001004
City of Ithaca Payroll Fund 04-201-001004
City of Ithaca-Wire Transfer 06-201-001004
City of Ithaca BID Assessments 06-201-001055
Employees N.Y.S. Withholding Tax 08-201-001004
Employees U.S. Savings Bonds 08-201-001004
N.Y.S. Police, Fire and Employees
Retirement System 08-201-001004
Payroll Benefits - Flexible Spending
BC BS Insurance – Health
BC BS Insurance – Vision
Ithaca Area Wastewater Treatment
JT Account Operating 01-101-110103
Ithaca Area Wastewater Treatment Capital Fund 02-101-110103
Ithaca Area Wastewater Treatment Investment Savings 14-101-110103
City of Ithaca Invest Savings 11-201-001004
Fireman’s Relief Fund Savings 14-101-080719
Fireman’s Relief Fund 01-101-219946
Vet Volunteer Fireman’s Associations 01-101-080808
City of Ithaca Construction Fund Investment Savings
12-201-001004
January 6, 2010
10
M & T BANK
ACCOUNT NAME ACCOUNT NUMBER
Department of Justice Grant 8890767380
Debt Service Fund 8890767398
Ithaca Area Wastewater Treatment Plant
Capital Reserve 9837877209
Ithaca Area Wastewater Treatment
Parking Ticket Payment Account 8890767356
Trust Fund 8890767349
Construction Fund 8890767315
Guaranty and Bid Deposits 8890767349
Health Facility Agreement 8890878349
Deposit on Water Meters 8890767349
Ithaca Area Wastewater Investment Savings 8890767463
Sale of Unclaimed Property 8890767349
Circle Greenway 8890767349
Conference on College and Community 8890767349
Center for Expressive Arts 8890767349
Peter DeWysocki Memorial Fund 8890767349
Cemetery Fund 8890767349
Commons Cultural Tourism 8890767349
DeWitt Park Improvement Fund 8890767349
Centennial Art Work 8890767349
GIAC Youth Enterprise Fund 8890767349
Capital Reserve Fund #4 - Bridges 9837878215
Capital Reserve Fund #11 - Parks and
Recreation Areas 9837878215
Capital Reserve Fund #14 - Parking Areas 9837878215
Capital Reserve Fund #15 - Fire Engine
Replacement 9837878215
Capital Reserve Fund #16 - Development of
Water Sources 9837878215
Capital Reserve Fund #17 - Sewer Construction 9837878215
Capital Reserve Fund #17A – Mandatory
Reserve for Sewer Plant Construction 9837878215
Capital Reserve Fund #20 - West Hill Water
and Sewer Replacement 9837878215
Capital Reserve Fund #22 - Bus Replacement 9837878215
Capital Reserve Fund #23 - Public Works Equipment 9837878215
Capital Reserve Fund #24 - Energy Conservation 9837878215
Capital Reserve Fund #25 - Capital Improvements 9837878215
Capital Reserve Fund #26 - Land Acquisition 9837878215
Capital Reserve Fund #27 - DPW Consolidation 9837878215
Capital Reserve Fund #28 – Mandatory Debt Reserve 9837878215
ECHO 8890767349
Six Mile Creek Natural Area 8890767349
Thermal Imaging Unit 8890767349
Fire Department 175 Anniversary 8890767349
Rick Gray Memorial 8890767349
Stewart Park Carousel Fund 8890767349
Rt. 13 Plaza Light 8890767349
Northside Neighborhood Cleanup 8890767349
FICA Overpayment 8890767349
1896 Steamer Public Display Fund 8860767349
Moore Memorial 8890767349
Community Risk 8890767349
IFD Bunker Facilities 8890767349
Stewart Park Landscaping 8890767349
Wood Street Benches 8890767349
IPAC Escrow 8860767349
Child Safety Seats 8890767349
Dog Park 8890767349
January 6, 2010
11
Alderperson Clairborne explained that Fleet bank was bought out by Bank of America, and
that the City of Ithaca does not have any accounts with Bank of America.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That the language of the Resolved clause be amended to read as follows:
“RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust
Company and the M & T Bank be, and they are, hereby designated as the official
depositories of all City Funds for the year 2010 and are currently deposited as follows:”
Carried Unanimously (8-0)
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (8-0)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Adoption of Site Plan Review Amendments Revising Bicycle Parking
Standards
A. Determination of Negative Environmental Significance - Resolution
By Alderperson Cogan: Seconded by Alderperson Myrick
WHEREAS, support for bicycling and therefore for the needs of bicyclists is in line with
several commitments that the City has made recently, including commitments to reduce
greenhouse gas emissions, and
WHEREAS, over the past few decades, the City of Ithaca has increased its attention to
the needs of bicyclists, particularly by requiring bicycle parking at buildings and other
facilities to serve the needs of residents, employees, shoppers, students, visitors, etc.,
and
WHEREAS, the existing bicycle parking requirements codified in the site plan review
ordinances are vague and open to varying interpretations, and
WHEREAS, despite attention from Planning and Development Department and Building
Department staff, and attention from project applicants, the current vague requirements
have regularly led to construction and installation of bicycle parking facilities that are
insufficient, poorly located, and/or inappropriate for the specific conditions,
WHEREAS, Transportation Engineering staff with particular expertise and experience in
bicycle-related issues have developed revised requirements that clarify the exact types
and quantities of bicycle parking that are satisfactory under various conditions, and
WHEREAS, a memo outlining these suggested revisions has been circulated at least
twice to relevant departments, agencies, and other interested parties, including the
Bicycle/Pedestrian Advisory Council, and only positive comments have been received
by staff, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), and
WHEREAS, the proposed amendment to the Site Plan Review ordinance is a “Type I”
Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which
requires environmental review under CEQR, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency for adopting site plan review
ordinance revisions, hereby adopts as its own, the findings and conclusions more fully
set forth on the attached Short Environmental Assessment Form dated November 13,
2009, and be it further
January 6, 2010
12
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that this adoption of site plan review ordinance revisions regarding bicycle
parking requirements, will not have a significant effect on the environment, and that
further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously (7-0)
(Alderperson Coles absent from vote)
B. An Ordinance to Amend the City of Ithaca Municipal Code Chapter 276,
Entitled “Site Plan Review” Regarding Bicycle Parking Standards
By Alderperson Cogan: Seconded by Alderperson Myrick
ORDINANCE NO. 10-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Section 276-7 of Chapter 276 (Site Plan Review) of the Municipal Code of the City of
Ithaca is hereby amended as follows:
Section 1.
Section 276-7 of Chapter 276 of the City of Ithaca Municipal Code is hereby amended
to read as follows:
§ 276-7. Project review criteria.
A. General criteria:
(8) Safe and convenient pedestrian and bicycle access and circulation, and provision of
bicycle parking facilities as stipulated in Sec. 276-7(C)(5).racks when appropriate.
C. Criteria for motor vehicle and bicycle parking areas where applicable. The
general criteria in Subsection A shall apply also to motor vehicle and bicycle parking
area development. These are intended to be minimum criteria. The Planning and
Development Board may make such additional reasonable stipulations as it deems
appropriate to carry out the intention of this chapter. The following criteria are
applicable: shall apply (see accompanying illustration Editor's Note: The illustration
referred to on file in the City Planning and Development office.):
(1) There shall be screening with a minimum five-foot-wide planting area or fences
between a motor vehicle parking area and adjacent properties and public ways, except
where there is motor vehicle parking that is shared by more than one property or where
commercial properties abut. In such cases the Board may require landscaping as it
deems appropriate.
(2) In motor vehicle parking areas a minimum of 12% of the interior ground area (i.e.,
excluding any peripheral planting area) shall be planting areas that include trees with a
potential mature height of at least 50 feet and a caliper of at least 2 1/2 inches at the
time of planting.
(3) Interior planting areas shall be a minimum of 80 square feet with no dimensions
being less than eight feet. The planter shall be curbed and have a minimum three-foot-
deep excavation.
(4) The City Forester and the Shade Tree Advisory Committee shall be consulted in
plant species selection and planting soil specification.
(5) Bicycle parking facilities shall normally be required for all uses requiring site plan
review as listed in Sec. 276-3(A)(2).
(a) Statement of purpose. It is the intent of this section to provide for the regulation and
provision of safe, secure, convenient, and appropriate bicycle parking facilities. The
January 6, 2010
13
Planning and Development Board shall use the following standards in its consideration
of the location and the type/design of bicycle parking facilities.
(b) Definitions. The term ‘bicycle parking facility’ includes the bicycle parking spaces,
one or more bicycle racks, and, when applicable, the access aisle(s) between groups of
bicycle racks. Bike lockers and other secure, enclosed areas that can accommodate
bicycle storage may be considered bicycle parking facilities. A ‘bicycle parking space’
refers to a location for which the parking of one bicycle is intended. A ‘bicycle rack’ is an
element of the bicycle parking facility that supports one or more bicycles and to which
one or more bicycles may be locked.
(c) Standards for the number of bicycle parking spaces to be provided for various uses.
See chart below.
Use
Bicycle Parking Space Standards 1,2,3
Adult day-care home or
group adult day-care Facility 1 for client use, plus 1 per 20 employees
Dormitory 1 per 5 persons housed (6 min.)
Dwelling unit
1 per 5 bedrooms or sleeping rooms (single
family and duplex encouraged but excepted)
Fraternity, sorority or group
house 1 per 5 persons housed (2 min.)
Rooming or boarding house 1 per 5 sleeping rooms (2 min.)
Auditorium or theater 1 per 50 seats (4 min.)
Bar, tavern or restaurant
1 per 500 square feet of net floor area of the
assembly space (2 min.)
Bed-and-breakfast home or
bed-and-breakfast inn 1 per 10 sleeping rooms (2 min.)
Bowling alley 1 per 2 bowling lanes
Church, funeral home or
mortuary
2 min. (spaces for 2% of expected
attendance recommended)
Fitness center or health club
1 per 20 persons allowed as determined by
the maximum occupancy load (6 min.)
Home occupation requiring
special permit none
Hospital or nursing or
convalescent home 1 per 20 employees4 (6 min.)
Hotel or motel 1 per 20 employees4 (6 min.)
Medical or dental office
1 per 2500 square feet of net assignable
floor area (2 min.)
Nursery school, child day-
care center or private
elementary or secondary
school
1 per 20 employees4 plus 1 per 20 pupils
enrolled (4 min.)
Office or bank
1 per 2500 square feet of net assignable
floor area (4 min.)
Retail store or neighborhood
commercial facility
1 per 2500 square feet of net assignable
floor area (2 min.)
Wholesale or industry 1 per 30 employees4 (2 min.)
Boat launch 4 min.
Boat storage or repair 4 min.
Boatel 4 min.
Marina 4 min.
Yacht club 4 min.
Human service agencies
and centers [Added 6-5-
1996 by Ord. No. 96-9] 1 per 2500 square feet of floor area (4 min.)
Other uses not listed above
Whichever is greatest: 1 per 20 employees4
OR 1 per 2500 square feet OR 1 per 10
motor vehicle spaces (2 min.)
NOTES (on chart):
January 6, 2010
14
1. In the case of mixed use of a building or property, the bicycle parking space
standards shall be computed for each use, and the total for all uses shall be provided in
accordance with this section.
2. The Planning and Development Board may, upon consideration of relevant
factors, including but not limited to, the easy availability of adequate proximate bicycle
parking or the expectation that a lesser number of bicycle parking spaces will meet the
parking needs of the use, determine that a lesser number of bicycle parking spaces is
appropriate.
3. Bicycle parking facilities may be located inside or outside of structures.
4. Calculation to be based on the number of employees during the maximum work
shift.
(d) Location of bicycle parking facilities.
[1] Bicycle parking facilities should be located close to building entrances, and
should be located at least as close and convenient to building entrances as the nearest
non-handicapped motor vehicle parking space. Bicycle parking facilities to be in a public
right of way shall require approval by the Office of the City Engineer & the Board of
Public Works.
[2] Bicycle parking facilities that are not located within a building shall be located in
highly visible and well-lighted areas to minimize theft and vandalism.
[3] Bicycle parking facilities shall not intrude into pedestrian or vehicular circulation
paths.
[4] At least 25% of a bicycle parking facility intended primarily for residential uses
shall be located within a garage and other secure indoor or covered areas.
[5] Bicycle parking facilities shall be covered or otherwise protected from the
elements whenever practical; especially where long-term (over 4 hours) residential
and/or employee parking is anticipated.
[6] A minimum clear distance of 24 inches shall be between bicycle racks and walls,
other obstructions, and/or any unpaved surface. Vertical clearance of seven feet
minimum is required for all bicycle parking facilities. There must be a convenient, paved
access route between the roadway network and the bicycle parking area. (For
example, bicyclists shall not be required to cross lawns or carry bicycles up stairways to
reach bicycle parking facilities.)
(e) Type/design of bicycle parking facilities.
[1] Bicycle parking facilities shall be designed in such a way so as to accommodate
a standard bicycle (six feet in length, minimum). An eight-foot-long parking space is
recommended to account for irregularly parked bicycles.
[2] Bicycle racks shall be securely anchored to concrete. The entire footprint of the
bicycle parking facility shall be constructed of concrete. (Asphalt, brick, or other durable
surface may be acceptable at the discretion of the Planning and Development Board.)
The footprint shall be as level as practical.
[3] Bicycle racks should be the standard inverted “U” rack design, approximately 36
inches high and with vertical elements 20 to 30 inches apart. When multiple inverted “U”
racks are grouped together, they shall be oriented parallel to one another and should be
spaced 30 inches on center (exceptions for spacing as narrow as 24 inches on center
and as wide as 36 inches on center shall be allowable in some instances at the
discretion of the Planning and Development Board). Though the standard inverted “U”
rack design is highly recommended, other innovative and/or creative rack designs may
be allowed at the discretion of the Planning and Development Board.
[4] Bicycle racks shall support the frame of each bicycle in TWO or more places
separated horizontally by 20 to 30 inches. (Designs that support bicycles by one wheel
only, or at only one point of the bicycle, are NOT acceptable.)
[5] All rack designs shall permit the use of standard U-locks.
[6] Enclosed bicycle parking facilities, such as bike lockers and indoor storage
rooms, do not necessarily require the inclusion of a bicycle rack element depending on
the design of the facility. Such enclosed facilities shall be lockable and otherwise
secure.
(f) Variations and exemptions to bicycle parking requirements.
[1] Any property owner required to provide bicycle parking may propose to establish
a shared bicycle parking facility with an adjacent property owner to meet the combined
requirements. Such a proposal requires approval by the Board.
[2] Possible variation from above standards under site plan review. The Planning
and Development Board may, at its discretion, allow variations from the above
standards.
January 6, 2010
15
Section 2. Effective Date
This Ordinance shall take effect immediately and in accordance with law after
publication of notice as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the use of the word “requirements” with
Alderperson Zumoff stating that he thought the word was too stringent, and the word
“standards” would be more appropriate. Alderperson Cogan explained that the
Planning Board would use these standards to evaluate projects and use discretion on
an individual basis when reviewing projects.
City Attorney Hoffman noted the difference between using the word “standard” vs.
“criteria”.
Alderperson McCollister requested that the word “non-handicapped” be inserted in front
of the words “motor vehicle parking space” in the Notes under 4(d)[1] regarding the
location of bicycle parking facilities. No Council member objected to this change.
Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That the Ordinance be amended to replace the word “requirements” with
the word “standards”.
Carried Unanimously (8-0)
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (8-0)
9.2 HUD Entitlement Program – 2010 Action Plan - Resolution
By Alderperson Cogan: Seconded by Alderperson Myrick
WHEREAS, the City of Ithaca is eligible to receive an annual formula allocation of funds
to meet community development needs through the HUD Entitlement program from the
Community Development Block Grant program (CDBG) and the Home Investment
Partnerships program (HOME) funding sources, and
WHEREAS, the Common Council has adopted the 2009-2013 Consolidated Plan
identifying goals, objectives and strategies for use of HUD Entitlement program funding
to address priority community development needs, and
WHEREAS, the annual Action Plan identifies a specific list of budgeted community
development projects proposed to be undertaken with HUD Entitlement program funds,
and
WHEREAS, the City of Ithaca is eligible to receive the following estimated allocations
through the 2010 HUD Entitlement program:
$817,140.00 CDBG (Community Development Block Grant)
$575,564.00 HOME (Home Investment Partnerships Program)
$ 86,334.60 HOME CHDO Set-Aside Funds not allocated in 2009
$1,479,038.60 Total Entitlement Grant Funds, and
WHEREAS, $125,000 in program income is projected to be received from loan
repayments in program year 2010, and these funds must also be allocated as part of
the 2010 Action Plan, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2010 Action Plan in accordance with the Citizen Participation Plan,
now, therefore be it
RESOLVED, That the Common Council hereby adopts the attached “IURA Adopted
Action Plan”, dated November 13, 2009, for allocating a projected 2010 HUD
Entitlement award of $1,479,038.60 and $125,000.00 of program income, and be it
further,
January 6, 2010
16
RESOLVED, That in the event that the actual amount of the HOME award differs from
the projected amount, the amount of funding allocated for the First Time Homebuyer
program shall be adjusted accordingly, and be it further,
RESOLVED, That in the event that the actual CDBG award is less than the projected
amount, then the 2-1-1 program shall be decreased by this amount, and be it further,
RESOLVED, That in the event the actual CDBG award is greater than the projected
amount, then the amount of funding allocated for 2-1-1, Significant Elements and Child
Care Scholarships shall be equally increased up to the amount requested for each
project, and be it further,
RESOLVED, That should the IURA determine that any of the proposed projects in the
Action Plan encounter feasibility issues that would hinder their timely completion or
adversely affect their eligibility prior to the HUD submission deadline, the Common Council
authorizes the IURA, upon approval by the Mayor and the Chair of the Planning and
Economic Development Committee, to make adjustments in the application to resolve
feasibility and eligibility concerns, and be it further
RESOLVED, That the Common Council for the City renews its designation of the
Ithaca Urban Renewal Agency (IURA) as the lead agency to develop and administer the
HUD Entitlement program on behalf of the City of Ithaca, and be it further
RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded
in the adopted 2010 Action Plan.
Mayor Peterson thanked Deputy Director of Community Development Sue Kittel for all her
hard work on this. Alderperson Cogan thanked the IURA for all of their work on this as
well.
Alderperson Myrick disclosed that he works for the Learning Web but that no conflict of
interest exists, so he will vote on this topic.
Alderperson Clairborne disclosed that he is a member of the Board of Directors of GIAC
but that no conflict of interest exists, so he will also vote on this topic.
Alderperson Zumoff disclosed that he is a member of the Human Services Coalition Board
and that the 2-1-1 Information and Referral System is funded through this program;
however, no conflict of interest exists and he will vote on this Resolution.
A Vote on the Resolution resulted as follows:
Carried Unanimously (8-0)
9.3 Restore NY Round III – Downtown Commons Upper Story Housing –
Modification to Project at 130-132 East MLK/State Street (former Plantations
Building) - Resolution
By Alderperson Cogan: Seconded by Alderperson Myrick
WHEREAS, the City of Ithaca submitted a $2.5 million Restore NY III application to the
Empire State Development Corporation for funding assistance to rehabilitate three
downtown buildings, and
WHEREAS, the City was awarded $1.15 million through Restore NY III for rehabilitation
of the following buildings:
$900,000 Plantations, 130-132 E. MLK/State Street
Sponsor: ItalThai, LLC, Lex Chutintaranond & Flaminia Cervesi,
managing members
$250,000 Petrune, 128-130 E. MLK/State Street
Sponsors: Domenica Brockman & Justin Hjortshoj
WHEREAS, the City authorized the Ithaca Urban Renewal Agency (IURA) to administer
and implement the Restore NY III grant, and
January 6, 2010
17
WHEREAS, ItalThai has been finalizing design, budget and financing, including historic
preservation rehabilitation tax credits that require design approval by the NYS Historic
Preservation Office (SHPO), and
WHEREAS, SHPO is requiring retention of the following building elements at the
Plantations building that contribute to the buildings historic character:
Tin ceilings on first and second floor
Two large skylights
Interior wooden staircase, and
WHEREAS, retention of tin ceilings make it very difficult to soundproof 2nd floor
apartments proposed to be developed directly above the restaurant, and
WHEREAS, ItalThai proposes to revise the project to replace two market-rate
apartments planned for the second floor with commercial office space, and
WHEREAS, the original and proposed modified project is summarized as follows:
Original Project Modified Project
8 one-bed apartments 6 one-bed apartments
2 one-bed affordable apartments 2 one-bed affordable apartments
4,000 SF restaurant (20 FTE jobs) 4,000 SF restaurant (20 FTE jobs)
1,200 SF commercial office space
WHEREAS, at their November 13, 2009 meeting, the IURA reviewed this matter and
recommended approval of the requested project modification; now, therefore, be it
RESOLVED, That the Common Council hereby approves the sponsor’s request to
modify the rehabilitation project for the Plantations Building at 130-132 E. MLK/State
Street to replace two proposed one-bedroom market rate apartments on the second
floor with approximately 1,200 square feet of commercial office space.
Carried Unanimously (8-0)
9.4 Acceptance of the Commons Client Committee Recommendation and
Authorization of Sasaki to Prepare a Preliminary Design for the Repairs and
Upgrades to the Commons - Resolution
By Alderperson Cogan: Seconded by Alderperson Myrick
WHEREAS, in June of 2009, the City hired Sasaki Associates, a Boston based
planning, design, and architectural firm, to design upgrades and repairs for the
Commons, and
WHEREAS, Sasaki Associates was contracted to evaluate the existing conditions and
future needs of the Commons based on utilities, surfaces, site structures and planting,
to consider overall design integration into the surrounding area, and to recommend
project phasing that would minimize construction impacts, and
WHEREAS, in order to assist with the design of the upgrades and repairs, the Mayor
appointed the Commons Client Committee, which consists of 15 members of the public
and city officials appointed by the Mayor, and 7 supporting City staff members from the
City Clerk’s office, Engineering, Planning, Fire, and the Downtown Ithaca Alliance, and
WHEREAS, Clough Harbour & Associates, a full service engineering firm, was hired as
a sub consultant to Sasaki Associates, in order to evaluate the conditions and needs of
the underground utilities located on the Commons, and
WHEREAS, Clough Harbour & Associates evaluated the conditions of the gas mains,
water main, electrical and communications conduits, and the storm and sanitary sewers,
and
WHEREAS, the existing gas mains are wrapped steel pipes with no corrosion
protection, and
January 6, 2010
18
WHEREAS, the NYS Public Service Commission has mandated that they be upgraded
in order to minimize leaks, and
WHEREAS, the existing gas mains lack capacity for any additional services, such as
new restaurants, or upper story development, and
WHEREAS, It was further determined that the water main should be replaced because
it is near the end of its useful life and becoming susceptible to breaks and failures, the
joints are in need of replacement, and the functionality of the valves are unknown, and
WHEREAS, the consultants were asked to investigate alternative methods of
replacements that would require minimal excavation, and
WHEREAS, Clough Harbour determined that because of the number of lateral
connections to the water main that would need to be accessed, it is not possible to
replace the main with non invasive methods, and therefore recommended that the water
main be replaced using standard excavation methods, and
WHEREAS, the Commons Client Committee and the Consultant worked together over
several months on an extensive public outreach process, which included soliciting
comments from downtown residents, downtown employees, merchants, property
owners, shoppers, playground users, mobile vendors, seniors, people with disabilities,
tourists, college students, library users, downtown event planners, utility suppliers, as
well as from the general public, and
WHEREAS, comments were collected regarding safety/security, access/accessibility,
project phasing, vegetation, surface conditions/amenities, art/history, budget, and retail
mix, and
WHEREAS, the Client Committee received many comments from the public regarding
the importance of retaining a play area on the Commons, as well as to continue to
provide performance space, and
WHEREAS, Sasaki Associates prepared 3 conceptual design options for the upgrades
and repairs to the Commons, and
WHEREAS, for the East State Street portion of the Commons, the three options
presented by the consultants include, a minimal option, which attempts to retain as
much of the original design as possible, an asymmetric design, which places the
amenities all on one side of the Commons and the pedestrian walkway on the other
side, and an eclectic streetscape option, which creates two rows of amenities down the
length of the Commons and three walkways, one large in the center and two smaller
walkways along the store fronts, and
WHEREAS, the Commons Client Committee has evaluated these three options based
on how well they respond to concerns that have been raised regarding budget, utilities,
safety, security, visibility, access/accessibility, surface conditions, vegetation/trees,
comfort, retail mix, and construction phasing, and
WHEREAS, the Client Committee has determined that the minimal option which retains
a center loaded layout will do little to respond to the concerns that have been raised by
the public and the asymmetric option is an improvement, but creates a feeling of
inequity from one side of the Commons to the other, and the Committee finds that the
Option 3 Eclectic Streetscape option best responds to concerns which have been
raised, including creating flexible public space which can be adapted differently to suit
the space needs of each event, and
WHEREAS, the concept options for Bank Alley, included an Option 1, minimal option,
Option 2 center loaded layout, which could accommodate community based amenities,
and Option 3, which has an area for amenities loaded along one side and a large
walkway along the other side, and
WHEREAS, the Client Committee has found that the Option 2 for Bank Alley is the most
favorable, and
January 6, 2010
19
WHEREAS, at this time no specific design features have been determined, but the
locations of the fire lanes and utilities, will need to be determined in order to proceed to
the design phase, and
WHEREAS, it is the intent that the utilities will all be relocated so that in the future they
will only be located beneath open walkways and not beneath amenities; now, therefore,
be it
RESOLVED, That the Common Council recognizes that the specific amenities for this
conceptual layout have not yet been designed, however, the Council requests that the
design that is prepared optimize energy efficiency, contain an adequate mix of both
permanent and movable seating that is appropriate for this type of space, contain
multiple flexible covered spaces that can be used for events. performances or civic
gatherings, and contain a play structure/area(s), and be it further
RESOLVED, That the Common Council accepts the recommendation of the Commons
Client Committee and directs Sasaki Associates to work with the Commons Client
Committee to develop a preliminary design based on the Option 3 Eclectic Streetscape
concept for the State Street portion of the Commons and the Option 2 concept for the
Bank Alley portion of the Commons and to provide additional opportunities for input
from both the Council and the public.
Alderperson Coles stated that she can’t support this Resolution as it specifically names
Option #3 with the Option #2 concept for Bank Alley as the preferred design and she
feels that this option restricts public assembly and performance space. She noted that
she has voted in favor of every downtown initiative but this one, and would like to initiate
a broader community conversation about what the Commons should be. She further
stated that there are still unanswered questions such as what the specific urgency of
this project is, and what the approximate cost of the project is. She stated that the First
Ward residents are asking for a delay of the project until these questions are answered.
Alderperson Zumoff noted that he respectfully disagrees with Alderperson Coles
comments, stating that the prime motivation for this project is the need for utility
replacements under the Commons and having a plan to follow in case something
happens in the near future. He clarified that Council is not approving funds to undertake
the construction phase of the project, they are just being asked to approve a design
concept for which further design funds have already been allocated.
Alderperson Cogan agreed with Alderperson Zumoff noting that having a plan in place
would assist the City in avoiding making costly temporary repairs in case of a utility
failure that would have to be torn up and repaired again. He further explained that grant
opportunities are available to municipalities that have plans that are ready for
construction.
Mayor Peterson confirmed that grant opportunities have become available for “shovel
ready” projects. She further described a recent sewer rupture that occurred on East
Seneca Street resulting in property damage, temporary loss of water services, and a
temporary loss of business. She stressed the importance of having a plan in place in
case one of the utilities fails.
Alderperson Clairborne expressed concern regarding spending $250,000 on a project
such as this during a recession. He stated that half of the money has already been
allocated for the work done thus far, and that there is approximately $140,000 left to
complete the design. He questioned whether this was the appropriate time to spend
this amount of money given the City’s budget gap, and noted that Common Council has
not had a conversation about funding priorities.
Alderperson Zumoff clarified that the funding for this project has already been approved
and questioned whether stopping the project at this point would save that money.
Mayor Peterson explained that a contract has been signed with Sasaki Associates in
the amount of $235,000. Of that amount, $167,000 has already been paid out leaving a
balance of $68,000. She noted that there may be legal implications for stopping the
project at this time.
January 6, 2010
20
Alderperson Cogan noted that it would cost the taxpayers more money if a plan does
not exist and the City continues to repair the Commons in a piece-meal fashion.
Alderperson Coles noted that Council should have a conversation with the consultant
and take a pause on the project. This way the City will have a current plan in place
when the money is available to undertake the construction phase of the project.
Alderperson Myrick stated that he would support the Resolution as he is a fan of
Sasaki’s work.
Alderperson Mohlenhoff stated that she is excited about what the Commons could be
and she believes that through this project, downtown could realize increased business
opportunities.
Alderperson Rooker voiced his support for the Resolution as he feels that it is in the
City’s best interest to have a plan in place.
Alderperson McCollister noted that she supports this project for many reasons and will
vote in favor of the Resolution.
Alderperson Clairborne noted that he is in support of a plan, but feels the need to be
financially prudent. He stated that this is not a reflection on Sasaki Associates;
however, he is concerned about all of the competing needs such as a $20 million Water
Plant project, complaints about potholes and road conditions, staff sacrifices, etc.
A Vote on the Resolution Resulted As Follows:
Ayes (6) McCollister, Rooker, Myrick, Mohlenhoff, Cogan, Zumoff
Nays (2) Clairborne, Coles
Abstentions (0)
Carried (6-2)
CITY ADMINISTRATION COMMITTEE:
12.1 Request to Amend 2010 Building Department Budget - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, Common Council, in its 2010 budget, approved funds for enhancements to
the Building Department’s software inspection program, and
WHEREAS, the $21,000 placed in the City’s Restricted Contingency account for the
Building Department is the amount that the Building Department requested in its 2010
Capital Project’s submission for the labor costs for specific enhancements to the
software used for issuing Certificates of Compliance in conjunction with Housing
Inspections, and
WHEREAS, the contract for these enhancements with Data Momentum has been
reviewed by the Mayor, Controller’s and Attorney’s Office, and
WHEREAS, Data Momentum can begin work on the software enhancement contract for
the Building Department in December 2009 by installing the developed enhancements
over the next few months and thereby allow the Building Department’s software
program to function with optimum efficiency, now, therefore, be it
RESOLVED, That Common Council hereby transfer an amount not to exceed $8,000
from the 2010 Restricted Contingency’s account A1990, to the Building Department
account A3620-5225, for the purpose of the continued development of a Building
Department software program.
Carried Unanimously (8-0)
12.2 Approval of Tompkins County Animal Control Contract - Resolution
By Alderperson Cogan: Seconded by Alderperson Rooker
WHEREAS, the city is required by State Law to provide dog control services to City
residents, and
January 6, 2010
21
WHEREAS, the new contract with the SPCA of Tompkins County will be established for
a three year period beginning January 1, 2010 for a 2010 cost of $89,487; now,
therefore be it
RESOLVED, That Common Council hereby authorizes the Mayor, upon advise of the
City Attorney, to enter into the attached contract with the SPCA of Tompkins County
dba Tompkins County Animal Control at a 2010 cost not to exceed $89,487 to provide
dog control services within the City for the period of January 1, 2010 through December
31, 2012, and be it further
RESOLVED, That the funds necessary for said contract shall be derived from the
existing 2010 budget established for dog control services.
Alderperson Cogan noted that it is a New York State requirement that the City provide
dog control services, and that the Tompkins County Council of Governments has
researched this issue thoroughly.
Discussion followed on the floor regarding the benefits of having a door-to-door dog
enumeration conducted.
Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That Common Council hereby authorizes the Mayor, upon advice of the
City Attorney, to enter into the contract with the SPCA of Tompkins County dba
Tompkins County Animal Control consistent with the terms discussed to date at a 2010
cost not to exceed $89,487 to provide dog control services within the City for the period
of January 1, 2010 through December 31, 2012, and be it further”
Carried Unanimously (8-0)
Main Motion As Amended:
A Vote on the Main Motion As Amended Resulted As Follows:
Carried Unanimously (8-0)
12.3 Common Council – Support for Diverse City Working Environment -
Resolution
By Alderperson Coles: Seconded by Alderperson Mohlenhoff
WHEREAS, certain alleged and disturbing events have come to the attention of
members of Common council, and
WHEREAS, these alleged events could be in violation of the CITY OF ITHACA
DIVERSITY STATEMENT, a very critical policy in the City’s effort to create a better
working environment for the entire City’s workforce, a policy which should govern City
employees’ actions in the workplace, a policy which contributes to the City’s social
fabric, and
WHEREAS, it is the duty and desire of the Common Council of the city of Ithaca to
uphold all City’s regulations, laws and policies, now, therefore, be it
RESOLVED, That the letter entitled, TO ALL MEMBERS OF THE CITY OF ITHACA
WORKFORCE be mailed to all recipients of said workforce.
TO: ALL MEMBERS OF THE CITY OF ITHACA WORKFORCE
The City of Ithaca has had a publicly stated commitment to diversity since December 2,
1998. With the changing demographics of our community and our need to recruit and
retain the best workforce, this commitment is more critical than ever.
Recently, Common Council has been made aware of a number of events and
interactions that are inconsistent with our commitment to diversity, and are possibly in
violation of the City of Ithaca’s Diversity Policy. We are including the City of Ithaca
Diversity Statement below as a reminder that all staff are expected to adhere to this
policy.
January 6, 2010
22
The recognition, understanding, and indeed, celebration of all we are as a people with
different ethnicities, nationalities, genders, gender identities, and abilities are what will
ultimately make the City a better workplace for every employee and help the City be
more responsive to our constituents.
As the Policy states, "to strengthen the City's work environment, our government, and
our ability to serve our constituents," we, the members of Common Council and the
Mayor, expect that in every way possible the City's Diversity Statement will guide your
thinking and action in the workplace.
Sincerely,
Maria Coles
Jennifer Dotson
Eric Rosario
J.R. Clairborne
Joel Zumoff
Mary Tomlan
Nancy Schuler
Svante Myrick
Dan Cogan
Deb Mohlenhoff
---------------------------------
City of Ithaca Diversity Statement
December 2, 1998
The City of Ithaca is committed to a work environment and community governance that
values and supports diversity and inclusion. Collectively we will strive to learn about
diversity; educate City employees, members of boards and committees and other
volunteers; and promote acceptance of the differences of others within our workforce
and our community.
Our goal is to strengthen the City’s work environment, our government, and our ability to
serve our constituents.
In order to accomplish these goals, we will:
--Actively seek employees and volunteers with diverse backgrounds.
--Develop and maintain a work environment that supports and nurtures every
individual throughout his or her tenure with the City.
--Continue to develop laws, policies and procedures governing our workforce and the
City of Ithaca that are mindful and inclusive of our diverse community.
Alderperson Coles referenced a memorandum written by City Attorney Hoffman that
suggested wording clarifications in the Resolution and Letter.
Amending Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, that the Resolution and the Letter to the City workforce be amended to
read as follows:
“WHEREAS, certain alleged and disturbing events have come to the attention of
members of Common Council, and
WHEREAS, these alleged events could be in contradiction of the CITY OF ITHACA
DIVERSITY STATEMENT, a very critical statement in the City’s effort to create a better
working environment for the entire City’s workforce, a statement which should govern
City employees’ actions in the workplace, a statement which contributes to the City’s
social fabric, and
WHEREAS, it is the duty and desire of the Common Council of the City of Ithaca to
uphold all City’s regulations, laws and policies; now, therefore, be it
January 6, 2010
23
RESOLVED, That the letter entitled, TO ALL MEMBERS OF THE CITY OF ITHACA
WORKFORCE, as modified at this meeting, be distributed to all members of said
workforce.
TO: ALL MEMBERS OF THE CITY OF ITHACA WORKFORCE
The City of Ithaca has had a publicly stated commitment to diversity since December 2,
1998. With the changing demographics of our community and our need to recruit and
retain the best workforce, this commitment is more critical than ever.
Recently, Common Council has been made aware of a number of alleged events and
interactions that are inconsistent with our commitment to diversity. We are including the
City of Ithaca Diversity Statement below as a reminder that all staff are expected to
adhere to this Statement.
The recognition, understanding, and indeed, celebration of all we are as a people with
different races, ethnicities, nationalities, genders, gender identities, and abilities are
what will ultimately make the City a better workplace for every employee and help the
City be more responsive to our constituents.
As the Statement states, "to strengthen the City's work environment, our government,
and our ability to serve our constituents," we, the members of Common Council and the
Mayor, expect that in every way possible the City's Diversity Statement will guide your
thinking and action in the workplace.
Sincerely,
Maria Coles
Jennifer Dotson
Eric Rosario
J.R. Clairborne
Joel Zumoff
Mary Tomlan
Nancy Schuler
Svante Myrick
Dan Cogan
Deb Mohlenhoff”
---------------------------------
Carried Unanimously (8-0)
Amending Resolution
By Alderperson Rooker: Seconded by Alderperson McCollister
RESOLVED, That the letter to the City of Ithaca Workforce be amended to add the
names of Eddie Rooker and Ellen McCollister as signatories.
Carried Unanimously (8-0)
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
RESOLVED, That the letter to the City of Ithaca Workforce be amended to add the
name of Carolyn K. Peterson as a signatory.
Carried Unanimously (8-0)
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That the first Whereas clause be amended to read as follows:
“WHEREAS, certain alleged and disturbing events within the City of Ithaca have come
to the attention of members of Common Council, and”
Ayes (7) Coles, Clairborne, Zumoff, McCollister, Rooker, Myrick,
Mohlenhoff
Nays (1) Cogan
Carried (7-1)
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
RESOLVED, That a new Whereas clause be inserted as the second Whereas clause to
read as follows:
January 6, 2010
24
“WHEREAS, targets of some of these alleged incidents were city departments or
individual staff members while others reportedly involved City staff members as alleged
perpetrators, and”
Alderperson Clairborne stated that he would like to insert this language because part of
what made these incidents so disturbing included who was involved in them.
Alderperson McCollister stated that she couldn’t support this amendment as she feels
that it is overly specific and could include legal implications. Alderperson Myrick noted
that the fact that allegations exist is factual, and that the proposed language does not
imply guilt.
City Attorney Hoffman stated that the wording of the letter to the workforce is broad and
different employees will read different things into it. While it is true that allegations have
been made, many allegations are made to different agencies throughout the City year
round. The question may arise as to why certain allegations have prompted specific
actions and words by Common Council, while others did not.
Amendment to the Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
RESOLVED, That the proposed Whereas clause be amended to read as follows:
“WHEREAS, targets of some of these alleged incidents were city departments or
individual staff members, and”
Ayes (4) Clairborne, Myrick, Zumoff, Rooker
Nays (4) Coles, Cogan, Mohlenhoff, McCollister
Failed
A vote on the Amending Resolution resulted as follows:
Ayes (3) Clairborne, Myrick, Coles
Nays (5) Zumoff, McCollister, Rooker, Mohlenhoff, Cogan
Failed
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That the second Whereas clause be amended to read as follows:
“WHEREAS, these alleged events could be in contradiction of the CITY OF ITHACA
DIVERSITY STATEMENT, a statement 1) critical to the City’s effort to create a better
working environment for the entire City’s workforce, 2) that should govern City
employees and their actions in the workplace, 3) that contributes to the City’s social
fabric, and”
Ayes (5) Coles, Clairborne, Zumoff, Rooker, Myrick
Nays (3) McCollister, Mohlenhoff, Cogan
Failed
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff
RESOLVED, That a second Resolved clause be added to the Resolution to read as
follows:
“RESOLVED, Common Council also strongly urges all Senior Staff to ascertain not only
the receipt of said letter by their staff but also that each staff member understands their
role and duty in improving an inclusive atmosphere respectful of all residents in the
City.”
Discussion followed on the floor regarding how the letters would be distributed to the
workforce. Alderperson Coles responded that it was intended that the letters be
distributed internally and not via the postal service.
Alderperson Clairborne explained that he feels that this letter should be handled in a
priority manner so that employees will read it and understand that this is an issue that is
important to Common Council and the Mayor. In addition, he feels that employees
should be held accountable to what is said in the letter.
January 6, 2010
25
Alderperson Coles stated that she would not be able to support this amendment as the
Workforce Diversity Committee and the Mayor are still addressing these issues and
identifying what the problems are, and she would not be comfortable proceeding in this
direction without their participation.
Alderperson Mohlenhoff explained that the original intent of the Resolution and the letter
was to have a strong message from Common Council that stated that they were
disturbed to hear of incidents like this, and that they want to reinvigorate their
commitment to diversity and the elimination of these types of incidents.
Alderperson Clairborne clarified that this language was drafted to encourage Senior
Staff talk to their employees about incidents of racism, and the fact that they will not be
tolerated. He would like staff to acknowledge that they read the letter and that they
understand what their role is in maintaining a work environment that is respectful of
everyone.
A vote on the Amending Resolution resulted as follows:
Ayes (1) Clairborne
Nays (7) Coles, Zumoff, McCollister, Rooker, Myrick, Mohlenhoff,
Cogan
Failed
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (8-0)
12.4 Finance/Controller’s Office Acceptance of Proposal for Procurement
Cards
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, the City has recognized the need for procurement card services and
solicited Requests for Proposals, and
WHEREAS, the use of procurement cards will allow staff to make certain purchases
more efficient and easier to handle, and
WHEREAS, City staff reviewed the two proposals received and recommends that JP
Morgan Chase be awarded the contract; now, therefore be it
RESOLVED, That Common Council award the contract and services to JP Morgan
Chase.
Carried Unanimously (8-0)
City Controller’s Report:
City Controller Thayer reported to Common Council on the following items:
• End of the year activity is underway
• The City has been re-rated by Moody’s and has maintained an A1 rating due to
higher reserve funds.
• The Controller’s Office is investigating the “Build America” bonding process
• The State withheld 10% of the AIM payment ($250,000), but may consider
releasing these funds by the end of the month.
• The City made the 2009 pension payment early, saving $22,000
• Revenues are decreasing, costs are increasing, and cash flow is tightening
• Sales tax revenues are increasing but the budget shortfall will be 6% less than
the 2008 reporting period.
• The BPW voted to continue one hour free parking and will look to cover the
estimated $200,000 of revenue with new and expanded fees. Parking fees for
the Inlet Island parking lot are under consideration.
• The BPW changed trash tag system to a one tag system effective March 1, 2010.
The fee for the tag will be $3.25.
• Health care costs were above what was budgeted for 2009
• Snow removal costs were above what was budgeted for 2009
• Overtime costs were also over budget, but better than in previous years
January 6, 2010
26
• The 2009 overall operating deficit resulted in the City relying on the fund balance
to cover expenses for the first time since 2002.
• The Governor’s 2010 State of the State address appears not to impact the City
significantly at this point.
NEW BUSINESS:
14.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider
Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili
Cook-Off on the Commons – Resolution
By Alderperson McCollister: Seconded by Alderperson Rooker
RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the
sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider
at booths during the Winter Festival/Chili Cook-Off, February 20, 2010 on the Ithaca
Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply
with all applicable state and local laws and ordinances, and shall enter into an
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of bottled wine and
bottled hard cider on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide
evidence of such insurance to the City Clerk.
Carried Unanimously (7-0)
(Alderperson Cogan absent from vote)
MAYOR’S APPOINTMENTS:
16.1 Appointment of City Historian - Resolution
By Alderperson Myrick: Seconded by Alderperson Coles
RESOLVED, That Mary White be appointed as City Historian for the City of Ithaca
effective January 1, 2010 with an indefinite term.
Carried Unanimously (8-0)
16.2 Resolution to Appoint City Representatives to the Tompkins County
Council of Governments (TCCOG)
By Alderperson Myrick: Seconded by Alderperson Mohlenhoff
WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting
to discuss ways the local governments could work together to reduce costs to the
residents; and
WHEREAS, the Committee has learned that other Counties have created a Council of
Governments made up of local government officials; and
WHEREAS, the Tompkins County Counsel of Governments is intended to be an
association of local governments organized to provide a forum for discussion, study,
and negotiation leading to agreements for more efficient, improved, or more cost
effective delivery of government services; and
WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council
of Governments; now, therefore, be it
RESOLVED, That Mayor Carolyn K. Peterson is hereby approved as the voting
member for the City of Ithaca of the Tompkins County Council of Governments; and be
it further
RESOLVED, That Maria Coles is appointed as the alternate voting member.
Carried Unanimously (8-0)
January 6, 2010
27
16.3 Appointments to City Boards/Committees:
Community Police Board:
By Alderperson Cogan: Seconded by Alderperson Myrick
RESOLVED, That Kevin Edward Smith be appointed to the Community Police Board to
fill a vacancy with a term to expire December 31, 2011, and be it further
Rental Housing Advisory Commission:
RESOLVED, That Larry Beck be reappointed to the Rental Housing Advisory
Commission with a term to expire December 31, 2012.
Carried Unanimously (8-0)
REPORTS OF COMMON COUNCIL LIAISONS:
Mayor Peterson distributed information regarding 2010 Standing Committees/Liaison
Positions/Ad-Hoc Committees. She stated that she would like meetings of all the ad-
hoc committees to commence in January.
Board of Public Works
Alderperson Zumoff, Liaison to Board of Public Works, reported that the Board would
like to meet with Common Council to discuss the City Charter and how it defines the
roles of the two bodies.
Community Police Board
Alderperson Clairborne announced that Nancy Falconer has stepped down as staff
support for the Community Police Board. The Community Police Board is conducting
interviews to fill the position. He noted that Ms. Falconer staffed the board for over eight
years, and he extended his thanks for her service to the Board and the community.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that an Article 78 lawsuit has been filed by the Ithaca
City School District against the City of Ithaca regarding the decision on the Markles Flat
Building.
ADJOURNMENT:
On a motion the meeting adjourned at 10:40 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor